Date: 26-02-2018
Business: Adv Sanket Mungle for plff present.
Adv Ankita Parwadi for deft no. 1, 3 and 4 present.
Ld counsel for deft no. 1, 3 and 4 filed reply to NM No. 398/18. t.o.r. Copy served to other side.
Deft no. 2 expired. Ld counsel for plff submitted they are taking necessary steps for bringing LR\''s of deft no. 2 hence prayed for grant of permission to register CS and file draft CS alongwith affidavit. t.o.r
Heard. Leave granted. CS be registered. Copy be served upon other side and proposed LR\''s of deft no. 2. Affidavit of service be filed.
ld counsel for defts sought time for hearing NM and CS.
Adj for hearing NM 398/18 and CS 220/18 to 12/03/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2018
Date: 12-03-2018
Business: P.O. is on Mediation Training.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2018
Date: 21-03-2018
Business: HCTB
Adv. Umesh Tavari Present for the Plff.
Deft no.4 inperson Present. The Deft no.03 requested for adj. as their counsel is not available today. Therefore the Ld counsel for the Plff submitted as matter is HCTB last chance granted.
Adj. for Hearing of NM 398/18, CS 447/18 and 220/18 mean while interm order to continue on 04/04/2018.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 28-03-2018
Date: 28-03-2018
Business: NOB-TOB.
Writ received from Hon\''ble High Court D.D.(A.O.) No.0703767/18, dt. 14/03/2018.
there by the order dt. 03/11/2014 in NM 3160/14 in suit no. 3622/08 of dismissal of NM is set aside with direction to restored the suit. The suit is restored to its original file alongwith order and application, subject to payment of costs of Rs.10,000/-. The said amount is to be deposited in the trial court within a period of two weeks from today. The trial court to hear the matter and conclude it preferable on or Before 31st December, 2018.
Ld counsel for the appellants wants to withdraw the civil application and seeks liberty to approach before the trial court.
Liberty to given to the appellants to seeks appropriate relief before the trial court.
With this, appeal from Order is disposed of. Civil application is also accordingly disposed of.
Parties to act upon an authenticated copy of this order.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-04-2018
Date: 04-04-2018
Business: HCTB
Adv. Sanket Mungale Present for the Plff.
Adv. Ms. Ankita Present for the Deft.no.1,3,4
On the Oral request of the Ld counsel for the Plff. Adj. granted prayer of continuation of order till next date.
Adj. for Hearing of CS 220/18, 447/18 and NM 398/18 on 09/04/2018.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-04-2018
Date: 09-04-2018
Business: Adv. Gandhi Present for the Plff.
Adv. M. G. Sawant Present for the Deft. no. 1,3, 4.
Deft no.3 inperson Present.
Earlier order continue till next date.
Adj. for Hearing of CS no. 220/18,447/18 and NM 398/18.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-04-2018
Date: 16-04-2018
Business: Adv. Gandhi Present for the Plff.
Adv. N. G. Samant Present for the Deft. no. 1,3,4.
Heard both sides over CS 220/18, CS 447/18 at length.
After the argument of both sides court quirrey was raised about pointing of document of constitute attorney in respect of the CS. As the conveyance deed Ex. A to Cs no. 220/18 is seems to be incomplete document. So also in CS there is no document of constitute attorney placed on record. Therefore Ld counsel for the Plff is directed to place both the Original CA on record for verification. Hence adj. for order till compliance of the above order.
Till then the NM 398/18 is kept for hearing and the ad-interim order to continue till order on CS 447/18 and CS 220/18 is passed. Hence adj. for order of CS after compliance and Hearing of NM 398/18 on 25/04/2018.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-04-2018
Date: 25-04-2018
Business: dv. Sanket Mungale Present for the Plff.
Adv. M. G. Sawant Present for the Deft. no. 1,3,4.
In view of the compliance of direction dt.16/04/2018, Ld counsel for the Plff filed additional affidavit alongwith copy of power of attorney in support of CS 220/18. t.o.r. copy supplied to Deft no. 1,3,4.
Ld counsel for the Plff further submitted that, deed of conveyance dt. 26/10/2009 registered with Sub-Registrar Borivali-5, Mumbai was having original Power of Attorney from Page no. 14 to 20 which is removed and it is not traceable. Therefore said power of attorney in original is not place on record. However he sought permission to tendered certified copy of the entire document of conveyance deed on record on next date.
Ld counsel for the Plff, further submitted that, the Second document is original Power of Attorney Dt. 27/10/2009. It is objected by ld counsel for the Deft no 1, 3, 4 by submitting that on page no. 6 on behalf of the vendors 1 to 6 it bears signature of vendor no. 6 Shri Raj
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-05-2018
Date: 03-05-2018
Business: PO is on Leave.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-06-2018
Date: 04-06-2018
Business: Plff. Present. Adv Mr. Sanket Mungle for plff. Present.
Deft. no.3 present in person.
Adv for defendants absent.
Adv for plff. filed additional affidavit on behalf of plff. in support of Ch/s no. 220/18 towards compliance of undertaking.
Adjd. For argument on 18.06.2018.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-06-2018
Date: 18-06-2018
Business: Adv Mr. Gandhi for plff. Present.
None for deft.
K.B..L.O. at 3.37pm.
ADv Mr. Gandhi for plff. Present.
Adv Mr. Samant for defendant nos.1,3 and 4 present.
Argument is heard of ld. Adv Mr. Gandhi for plff. And Adv Mr. for deft. on Ch/s 220/18 and 447/2018
Adjd. For orders on 06.07.2018.
Next Purpose: ORDER
Next Hearing Date: 06-07-2018
Date: 06-07-2018
Business: Adv Mr. Umesh for plff. Present.
Deft. no.3 and 4 present.
As Court is busy in recording evidence in SC No. 625/17 and dictating order in NM No. 3399/17, in MA No. 1400/18 and BA No.1264/18 in Appeal No.422/18 and in Ch/s 737/18 and 216/17 397/16 hence adjd.
Adjd. For order on Ch/s on 13.07.2018.
Next Purpose: ORDER
Next Hearing Date: 13-07-2018
Date: 06-07-2018
Business: Adv Mr. Umesh for plff. Present.
Deft. no.3 and 4 present.
As Court is busy in recording evidence in SC No. 625/17 and dictating order in NM No. 3399/17, in MA No. 1400/18 and BA No.1264/18 in Appeal No.422/18 and in Ch/s 737/18 and 216/17 397/16 hence adjd.
Adjd. For order on Ch/s on 13.07.2018.
Next Purpose: ORDER
Next Hearing Date: 13-07-2018
Date: 06-07-2018
Business: Adv Mr. Umesh for plff. Present.
Deft. no.3 and 4 present.
As Court is busy in recording evidence in SC No. 625/17 and dictating order in NM No. 3399/17, in MA No. 1400/18 and BA No.1264/18 in Appeal No.422/18 and in Ch/s 737/18 and 216/17 397/16 hence adjd.
Adjd. For order on Ch/s on 13.07.2018.
Next Purpose: ORDER
Next Hearing Date: 13-07-2018
Date: 13-07-2018
Business: Adv Mr. Mungle for plff. Present.
None for deft.
Adjd. For order 18.07.2018.
Next Purpose: ORDER
Next Hearing Date: 18-07-2018
Date: 18-07-2018
Business: Adv Ms. Vithlani for applicant in Ch/s no. 447/18 and 220/18.
Partner of deft , firm in person present.
Court is busy in H.C. time bound matter SU 3741/98 and recording evidence in SC No. 625/17 and 5/2018. Hence adjd. for orders on 24.07.2018.
Next Purpose: ORDER
Next Hearing Date: 24-07-2018
Date: 24-07-2018
Business: As per directions of Hon\''ble Bombay High Court, Court is busy in taking up day to day time bound matter bearing SU No. 3741/98. Therefore board is discharged.
Adjd. To 07.08.2018.
Next Purpose: ORDER
Next Hearing Date: 07-08-2018
Date: 24-07-2018
Business: As per directions of Hon\''ble Bombay High Court, Court is busy in taking up day to day time bound matter bearing SU No. 3741/98. Therefore board is discharged.
Adjd. To 07.08.2018.
Next Purpose: ORDER
Next Hearing Date: 07-08-2018
Date: 24-07-2018
Business: As per directions of Hon\''ble Bombay High Court, Court is busy in taking up day to day time bound matter bearing SU No. 3741/98. Therefore board is discharged.
Adjd. To 07.08.2018.
Next Purpose: ORDER
Next Hearing Date: 07-08-2018
Date: 24-07-2018
Business: As per directions of Hon\''ble Bombay High Court, Court is busy in taking up day to day time bound matter bearing SU No. 3741/98. Therefore board is discharged.
Adjd. To 07.08.2018.
Next Purpose: ORDER
Next Hearing Date: 07-08-2018
Date: 07-08-2018
Business: P.O. is on leave
Next Purpose: ORDER
Next Hearing Date: 30-08-2018
Date: 30-08-2018
Business: Adv. Mr. Mungale for Plaintiff Present. Adv. Mr. Samant for defendant nos.1 3 and 4 Present.
Adjd to 10/09/2018 for re-hearing on ch/su nos. 220/18 and 447/18
Next Purpose: C/S HEARING
Next Hearing Date: 10-09-2018
Date: 10-09-2018
Business: Adv. Umesh Tavare for Plaintiff Present.
Representative of Defendant Present.
Adjd to 08/10/2018 for hearing on Ch/su
Next Purpose: C/S HEARING
Next Hearing Date: 08-10-2018
Date: 08-10-2018
Business: Adv. Ms.Hetal Itlani for Plaintiff Present.Adv. Ms. Desai for defendant PresentBoth advocates seeking short time to argue in ch/su. As per order of Honble High Court matter is to be decided on or before 31/12/2018. So last chance granted and no further adjournment will be granted.
Adjd 22/10/2018 for hearing on ch/su
Next Purpose: C/S HEARING
Next Hearing Date: 22-10-2018
Date: 22-10-2018
Business: Adv. Mr. Kaustub Patil for Plaintiff Present.
Adv. Mr. Samant for defendant nos. 1, 3 and 4 Present.
K.B.
L.O at. 04.15 p.m
Adv. Gandhi for Plaintiff Present.
Adv. Mr. Samant for defendant nos. 1, 3 and 4 Present.
Heard arguments of both the sides on ch/su 220/18
Adjd to 25/10/2018 for Order on ch/su no. 220/18
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-10-2018
Date: 25-10-2018
Business: Adv. Mranal Mandhane for Plaintiff Present.Adv. Ankita Parwadi for defendant nos.1,3 and 4 Present. F.R.S.R.following order is passed ORDER 1.Chamber Summons No.220 of 2018 is allowed.2.The applicant Ranchod Pandya is permitted to join as a plaintiff alongwith original plaintiffs and to continue the suit.He is allowed to carry out the amendment as per the schedule on payment of necessary court fees on the basis of his registered Conveyance Deed dated26.10. 2009.3.Amendment should carry out within eight days.4.Chamber Summons No.220 of 2018 stands disposed of accordingly.Adjd to31/10/2018 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 31-10-2018
Date: 31-10-2018
Business: Adv. Sanket Mungle for Plaintiff Present. Adv. Samant for defendant nos, 1, 3 and 4 Present. In view of Speaking Minutes of Order filed by Plaintiff and no objection given by defendant in para no. 2 of order in ch/su nos. 220/2018 C.T.S. Number is corrected. Plaintiff adv. seeks extension of time to carry out amendment in Plaint. Time Granted.
K.B.
L.O. at. 03.45 p.m
Adv. Gandhi @ Adv. Sanket Mungle for Plaintiff Present and filed addition affidavit in Support of Ch/su is t.o.r.
Adv. Samant for defendant nos, 1, 3 and 4 Present.
Heard arguments of both the sides on ch/su no. 447/18.
Adjd to 03/11/2018 for Order on ch/su no. 447/18
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-11-2018
Date: 03-11-2018
Business: Adv. Sanket Mungle for Plaintiff Present and filed original ch/su no. 2013/2018 is t.o..r
Adv. Samant for defendant nos. 1, 3 and 4 Present and filed reply to ch/su 2013/2018 is t.o.r.
Heard arguments of both the sides on Ch/su no. 2013/2018.
On request of Ld. Adv. for Plaintiff time is extended to carry amendment as per ch/su no. 220/18 (Already Disposed off).
Adjd to 14/11/2018 for Order on Ch/su no. 2013/18
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-11-2018
Date: 14-11-2018
Business: Adv. Sanket Mungle for Plaintiff Present.
Representative of Defendant Present.
Stenographer is on Leave and no other stenographer is made available. Hence, Adjd to 15/11/2018 for Order on ch/su
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-11-2018
Date: 15-11-2018
Date: 16-11-2018
Business: Adv. Mr. Mandane for Plaintiff Present. Defendant no. 3 Present. Adv. Ms. Sonawane for defendant nos. 1 ,3 and 4 Present. Adv. for Plaintiff paid cost of Rs. 05,000/- to defendant advocate. Adv. for Plaintiff submitted that, time be extended to carry out amendment as per order in Ch/su no. 220/18. Order In the interest of Justice Time is extended to carry out amendment as per ch/su no. 220/18. Plaintiff is to carryout amendment as per Ch/su no 220/18 and Ch/su 447/2018 and Ch/su no. 2013/18 today itself being the time bound matter after time of Civil Record Department.Defendants adv. pointed out that, cost of cheque issued from the account of Sumitha Baburao Byri.Adv. for Plaintiff submitted that, cheque is in the account of daughter in law of Plaintiff no. 6. Adv. for Plaintiff submitted that Interim order in N.M. no. 398/2018 is continued till disposal of ch/su no. 447/2018 and ch/su. 220/18 and ch/su no. 447/18 is disposed off yesterday, so interim order be continued till hearing of N.M. No. 398/18. I find interim order is continued till order on Ch/su no. 447/18 and it is disposed off yesterday then Interim order is to be continued till next date. Plaintiff to supply amended copy to defendant nos. 1, 3 and 4 and privately served on added defendant nos. 2-A to 2-C on or before 19/11/2018. Adjd to 19/11/2018 for hearing on N.M. 398/18 and supply amended copy and additional written statement
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Business: Adv. Mandane for Plaintiff Present and filed affidavit of service which shows that, defendant nos. 2-A to 2-C are served on wife of defendant no. 2-C and also on whats-app. It shows they are duly served.
Defendant no. 3 Present and submitted that, amended copy is received at late night on 17/11/2018 , so he seeks time to file additional written statement. Time is granted.
However adv. for Plaintiff is to argue in N.M. No. 398/2018.
K.B. L.O. 04.10 p.m.
Adv. Gandhi for Plaintiff Present.
Defendant no. 3 Present. Heard arguments of Ld. Adv. for Plaintiff in N.M. No. 398/18 completed and he also filed written Notes of arguments. Copy of written arguments served on deft no. 3 in the court. Earlier order if any continue till next date. On request of defendant no. 3 adjd to 22/11/2018 for defendant arguments on N.M. 398/18 and filing additional written statement
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 22-11-2018
Date: 22-11-2018
Business: Matter pertains to C.R.No.14
Adv. Mr.Umesh Tawari for plaintiff present.
Adv. Ms. Ankita Parwadi for defendant No. 1 ,3 and 4 present.
ld. Adv. for defendant seek time to file additional written statement. Granted till next date.
Earlier order if any to be continue till next date.
Matter is adj. to 27/11/2018 for Additional written statement.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-11-2018
Date: 27-11-2018
Business: Adv. Umesh Tavari for Plaintiff Present.
Adv. Samant for defendant nos. 1, 3 and 4 Present and filed additional written statement is t.o.r. and marked as Exh. 6.
Order Read and record.
Heard arguments of Ld. Adv. for defendant nos. 1 , 3 and 4 on N.M. 398/18 completed.
Earlier order to continue till next date.
Adjd to 28/11/2018 for reply argument of Plaintiff on N.M. 398/18
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 28-11-2018
Date: 28-11-2018
Business: Adv. Mr. Sanket Mungale for Plaintiff Present and submitted that, earlier High Court N.M. No. 1393/2008 do not want to Proceed, however he seeks time to reply argument on N.M. 398/18. Granted short time as it is time bound matter.
Adv. Samant for defendant nos. 1, 3 and 4 Present
Earlier order to continue till next date.
Adjd to 29/11/2018 for reply argument of Plaintiff on N.M. 398/18
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-11-2018
Date: 29-11-2018
Business: Adv. Mr. Sanket Mungale for Plaintiff Present
Adv. Samant for defendant nos. 1, 3 and 4 Present
Plaintiff nos. 6 Present. Defendant nos. 3 and 4 Present and Representative of defendant no. 1 Present.
Earlier order to continue till next date.
Heard replied arguments of Plaintiff adv Mungale on NM 398/18.
Adjd to 01/12/2018 for Order on N.M. 398/18
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-12-2018
Date: 01-12-2018
Business: Adv. Mr. Umesh Tawari for Plaintiff Present Plaintiff nos. 6 Present. Defendant nos.3 and 4 Present and Representative of defendant no 1 Present.In present of Parties C.C.T.V. footage Exh.Cand Exh.D has seen in open court on laptop provided by Plaintiffs advocate. FRSR. following order is passed ORDER 1.Notice of Motion No.398 of 2018 is allowed. 2.Defendant nos.1, 3 and 4 are hereby restraining the defendants, their agents, servants or any other person acting on their behalf from illegally entering and disturbing the possession of the applicants /plaintiffs by illegally trespassing in the suit property. 3. Parties to bear their own cost.
4. Notice of Motion No.398 of 2018 stands disposed of accordingly. Adjd to 05/12/2018 for Draft Issues
Nature Of Disposal: ALLOWED
Disposal Date: 01-12-2018
